NSW Council for Civil Liberties spokesman Stephen Blanks said that there was "probably more than 100 agencies that have law enforcement powers" to request access to Opal records, including local councils and even animal protection agencies.

Transport for NSW said it would take requests from state, territory and federal police, the NSW Crime Commission, Australian Crime Commission, the Office of the Sheriff of NSW and other state and federal agencies.

However, the NSW Privacy and Personal Information Protection Act potentially allows the list to grow even further if other entities applied to become law enforcement agencies under the act.

To date, no law enforcement agency has asked for data from the operation of the Opal card, which is still being rolled out.

Commissioner Scipione said accessing Opal records without a warrant for legitimate and lawful purposes was acceptable if a crime was prevented or a criminal caught, adding that police used many other databases for their work.

"I make no apologies for actually saying we would access lawfully anything that we could get that would assist my force and this organisation from either stopping a crime from happening, catching somebody that's committed a crime or looking at adding to the safety and security of a community," he said.

“For the NSW Police force to go to the point where we seek information in regards to travel movements we would only do it if it was for a legitimate, law enforcement purpose, no other reason."

Whether police would access records of potential witnesses to crime, like in Queensland, where more than 10,000 data requests have been made, remained unanswered.

On Tuesday morning, NSW Greens MP and justice spokesman David Shoebridge lodged a formal complaint with the NSW Information and Privacy Commissioner over the sharing of Opal card information.

He said urgent intervention was required "to prevent people across NSW being forced to choose between travelling on public transport and preserving their privacy".

Despite "anonymous" Opal cards becoming available in coming months as some paper tickets are phased out, Mr Shoebridge said the cards would not really be anonymous as the Opal privacy policy states law enforcement could use other methods, such as surveillance cameras, to match up unregistered cards to identities.

"The Opal card sign-up process requires the giving of what is called a 'bundled consent', which commits users of the card to the broad disclosure of their information under the Opal privacy policy," Mr Shoebridge said.

“Given the Opal card is increasingly the only practical public transport ticketing option, and there is no ability to opt-out of this privacy requirement, this consent can’t be seen as voluntary.”

Mr Shoebridge said making Opal information available without a warrant was “an unacceptable infringement of the privacy of members of the community”. Because of this, he said he was hoping the Opal policy would be amended to allow people to opt out of having their information shared.

Commissioner Scipione said he could understand people’s concerns about privacy but said it was important to look at the context of why the records would be accessed in the first place.

NSW Privacy Commissioner Dr Elizabeth Coomb said Mr Shoebridge's complaint would be assessed impartially and independently like any other complaint.

She added that NSW police and Transport for NSW were in discussion "about the governance arrangements that will be established" for access to users' Opal data.

Transport for NSW also defended sharing of data on Tuesday, releasing a statement saying that it had "a responsibility" to share data with authorities in some situations.

Information would only be disclosed "under certain strict rules", a Transport for NSW spokesperson said.

"This is consistent with other electronic ticketing systems."

NSW Police Association President Scott Weber said he didn’t see what the fuss was all about.

“Probably the best way to chase someone up these days is through social media,” Mr Weber said. “I think you can get more information off Google or Facebook than you’ll get off the Opal passes.”

Access to public transport smartcards in other states:

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71 comments so far

I can understand why the Police Commissioner insists there's no problem with police being allowed unfettered access to any information they like, I mean it's not like police have ever been corrupt or misused their power in the past.

Why would you want them to have to provide in independant party with a reason to access the information.

I mean it's not unlike the specially equipped van I have where I can sit outside your house and wirelessly monitor what you look at on the internet, if you're not doing anything wrong there's nothing to worry about.

And if I am collecting your internet banking details at the same time don't worry, I have no reason to use them.

Now can everyone get back to being nice and comfortable, thanks.

Commenter

F

Date and time

July 15, 2014, 8:56PM

F (if that's your real name) - I don't mind you parking outside my house but could you just move your van forward a couple of metres? You're overhanging my driveway and I've been wanting to get out for the last few hours.

Commenter

J

Location

Somewhere with a van parked outside

Date and time

July 16, 2014, 12:34AM

Yes I agree. And not only that I can listen to what the big funds are doing and front run their orders, listen to the M&A teams to know what big takeover is going down and listen to the trader traffic to learn what I should be trading. Forget about drugs because I now have perfect inside information and will make a motzer ( without worrying about guns paying people off, shifting money into offshore accounts and no one would know. I can front run orders and buy thousands of cheap options and warrants just prior to a major market announcement knowing what's to come.yep just want to know where I can purchase the equipment. Yep its a great idea to have unfettered information, you never know when you need to blackmail someone. The whole thing is sick without thought and with no safeguards or compliance expect a significant increase in corruption.

Commenter

Lindsay

Location

Stamford

Date and time

July 16, 2014, 9:20AM

I guess you'll just have to break into his house, then. That makes it all OK, doesn't it?"Commissioner Scipione said accessing Opal records without a warrant for legitimate and lawful purposes was acceptable if a crime was prevented or a criminal caught..."

Commenter

M

Date and time

July 16, 2014, 1:55PM

What caused the massive surge in Qld requests and access to private citizens' data from 2012? Interesting correlation with the installation of LNP govt up there. Or perhaps the "strict rules" of access are subject to dramatic change?

Commenter

Ahopp

Date and time

July 15, 2014, 9:27PM

Those who would trade liberty for security deserve neither.

Commenter

Jesterhat

Date and time

July 15, 2014, 11:10PM

Well said.

What a load of self-serving BS from the police commissioner!

If unsupervised access to Opal card trips is "crucial" to our safety, then how did the police manage before the Opal card? Has the rate of crime dramatically dropped since?

Give more power to the Police and they will abuse it. Access to such record must be subject to a warrant from a judge, not freely accessible to the police.

We don't want to become a police state.

Commenter

Paul

Date and time

July 16, 2014, 12:20PM

"we would only do it if it was for a legitimate, law enforcement purpose"

How is Police Commissioner Andrew Scipione making sure that requests made are actually being made for a legitimate, law enforcement purpose?

Commenter

Privacy Express

Location

in the seat behind you wearing a false beard

Date and time

July 16, 2014, 1:42PM

We will capture your your image if you go on foot.

We will photograph your number plates if you drive.

We will record all the details if you go by public transport.

We will require your ISP to keep all the details if you use the internet.

We will keep all the metadata if you use the telephone.

But don't worry, it's all in your best interests. You have nothing at all to worry about if you're doing no wrong.

Oh, by the way, we will decide what is right and wrong.

Welcome to the 21st century.

Commenter

kdv

Location

Pyrmont

Date and time

July 15, 2014, 11:59PM

We will then use this data incorrectly claiming it to be infallible and make it magically disappear when it might reflect badly on our performance.